naja
2009-02-27 17:21:22
- #1
One would not believe it.
But one can believe it.
There is a saying: if you cannot defeat an opponent, ally yourself with him
DM probably knew very well that the procedure would end unfavorably for them, therefore it seems they agreed on an out-of-court settlement.
Money in exchange for withdrawing the insolvency application.
Here is DM's statement regarding Thunert's insolvency application on 8.1.09:
"We hereby state that this insolvency application was made abusively under the law without any factual basis, in order to increase the pressure on DM – Deutsche Massivhaus GmbH. The company Thunert GmbH & Co. KG neither presented a payment order nor holds a title when filing the insolvency application. There are also no legitimate claims. Therefore, there is no legal basis from which such a step could have been derived. Obviously, this measure was also intended to harm DM – Deutsche Massivhaus GmbH as a whole."
And here is the court's decision:
"The creditor’s application was admissible and was subsequently resolved by the debtor’s performance.....since the debtor recognized the claim by performing."
That means the application in this one case has been resolved, but this has no bearing on the current situation of the company DM.